Hi,

I received a letter from local solicitor acting for PRA Group threatening CCJ on a credit card debt.

CC was a RBS cc a/c opened 1994.

MBNA took over CC around 2008/9.

I never signed a new agreement with MBNA.

Due to illness payments were made via PPI.

When I was retired due to illness PPI stopped.

In the chaos of the time that cc was missed but all other debts were paid off.

Amount they say I owe is just over 4k altho I believe it was around £500 when I stopped paying it.

I do remember MBNA weren't very helpful at the time when I was telling other creditors of my change in circumstances.

Default date is listed on my credit file as August 2010.

I have 14 days from 24 March before they start court action.

What are my options here?

I have 14 days from 24 March before they start court action.

No you dont, they don't say WILL, it says MAY, and besides their time limits are arbitrary and have absolutely no legal basis, you can ignore their silly little missives.

The default will drop off your file August this year, never to return.

However, when did you last pay anything or acknowledge this (in writing) to the original creditor, or their powerless DCA's?

It may already be time barred, and these crooks are attempting to exploit your lack of knowledge.

Hi,

The more experienced members will be along with great advice later,

however as I too had an RBS card from the 90's also converted to an MBNA card

I've done some research on the credit agreements for these accounts

I'm sure it's still applicable that pre 2007 a copy of original credit agreement is required

for the owner if the debt to 'legally enforce' in court.

(Can more experienced members confirm this). (That's IF they take you to court).

I think MBNA didn't retain (or even attain when they purchased the accounts)

copies of the credit agreements or terms & conditions at inception.

There's more info on the internet if you look for it re: MBNA credit agreements etc.

This might be useful to remember if a claim is made by the creditor.

Others can advise what this means to a claim, and can advise you how to attain a copy etc.

(In my experience no copy of agreement has been provided).

Hope this helps, if not now in the future.

Me_too

post up the letter minus personal details, lets see what they are actually saying

Thanks for the replies so far.

Here is a copy of the actual letter.

I'm going through my papers to try and find any documentation re the card or PPI payments.

get a SAR sent to MBNA,

to see what you are able to reclaim and how and why the defaulted balance increased and when the last payments were made

although this is just a standard threatening letter, send a CCA request under s78 to PRA Group

get a SAR sent to MBNA,

to see what you are able to reclaim and how and why the defaulted balance increased and when the last payments were made

 

although this is just a standard threatening letter, send a CCA request under s78 to PRA Group

Thanks for the speedy reply. May I have clarification on 2 items please.

Do I notify the solicitors that I have sent off SAR and CCA.

Why or what should I be able to reclaim from MBNA?

you can notify the solicitors that you have sent PRA Group a request under s78cca1974

depending on the t&cs of the ppi, you may well have been misold, despite receiving payments

and also any associated charges

Are you resident in NI? As the sols are in belfast.

Yes I am. Does that make a difference in what I should do?

I think it may do, or at the very least the rules are different, site team will be able to advise.

I've got my SAR, CCA and postal orders all ready to go tomorrow.

Before I post them off can anyone tell me if the law is different in Northern Ireland re this situation

and if there is anything else I need to do.

Thank you.

no diff

dx

Thanks DX.

no diff

dx

Ha ha, I was clearly thinking of something else then! Sorry....

UPDATE 4/14

I've received this letter from PRA Group returning my postal order sating they're not obliged to provide me with this information.

. The data at the top gives the original creditor as VARDE EXPERTO.

What do I do next?

Do I send a request for CCA to them?

No you wont get the DoA but they are attempting to comply with the CCA request, nothing to worry about, if they provide one within timescales, scan it up so we can see what to do next.

[ATTACH=CONFIG]62517[/ATTACH]

 

UPDATE 4/14

 

I've received this letter from PRA Group returning my postal order sating they're not obliged to provide me with this information. . The data at the top gives the original creditor as VARDE EXPERTO. What do I do next? Do I send a request for CCA to them?

VARDE EXPERTO are PRA group

so they are trying to muddy the waters and confuse you

usual game

dx

I have received SAR data from MBNA.

It contains every purchase etc from 1997 to August 2010

and a precis of every phone call I ever made to them.

I also received a copy of the Agreement with my signature on it.

The last couple of pages gave nothing but charges on them.

I have now received a Civil Bill.

What's my next step please.

civil bill.pdf

When did you last pay anything toward this?

The last payment was made via PPI insurance on 22nd December 2009.

PPI paying it is not a payment by YOU.

so if that's the case its statute barred.

bye bye PRA

not sure how you respond to a civil bill ill have to go look.

but whatever it is

you file the statute barred defence

should kill the bill dead

seems like its much the same as England

as belt and bracres

get a CCA request running to PRA

and the NI eqiv to a CPR 31:14

to the sols

Use English...very similar to our system except its 3 days service. small claims are to a value of £3k above and up to £15K are Civil Claims.

Our CPR is not applicable they use The Rules of the Court of Judicature (NI) 1980

https://www.citizensadvice.org.uk/ni...rn-ireland-ni/

here is the sb defence

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

don't forget to acknowledge the claim first

Thanks for the advice so far.

I'm trying to get my action plan in order.

1. I acknowledge the claim.

seems like its much the same as England

 

as belt and bracres

 

2. get a CCA request running to PRA have already sent a CCA to PRA and had it returned stating they're not obliged to supply me with the information./COLOR]

 

 

3. and the NI eqiv to a CPR 31:14

to the sols

 

here is the sb defence

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).what date? The date on the Civil Bill i.e. 7th July or the date of default 31/10/2018

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

 

 

don't forget to acknowledge the claim first